Copyright Policy

Course Reserves

The Barry University library policy for reserve reading services, paper or electronic, is derived from the fair use provisions of the United States copyright Act of 1976, Conference on Fair Use (CONFU), the Digital Millennium Copyright Act, and Copyright Term Extension Act. Section 107 of the Copyright Act expressly permits the making of multiple copies for classroom use following fair use guidelines. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. Libraries frequently pay a premium institutional subscription price for the privilege of supporting multiple academic users. The sole purpose of the Barry University Library Reserve System will be to facilitate the making of multiple copies for classroom use by students. The following guidelines are meant to aid all parties in conforming to fair use provisions of the copyright law.

All use of materials placed on reserve (paper or electronic) will be at the initiative of faculty solely for the non-commercial, educational usage of students.

Copies will be from materials a faculty member or the library already possesses legally. (i.e., by purchase, license, fair use, interlibrary loan, etc.) We reserve the right to refuse to copy or make available duplicated material in violation of U.S. copyright law.

A limit of 25 copyrighted items will be placed on reserve per class, per semester.

An item will be available in one format only. Either in print or electronically.

The library will accept no copying of or from works intended to be "consumable." Ex. Workbooks, exercises, standardized tests and test booklets, etc.

Material which will be placed in the Barry University Library Reserve System, for one semester, without obtaining copyright permission:

Exams

Lecture notes

Government publications

One article from a journal issue

One chapter from a book

One short story, short essay or short poem

One chart, graph, diagram, drawing, cartoon or picture from a book or periodical

Copyright Permission must be sought when:

material will be used repeatedly by the same instructor for the same course

multiple articles from one journal are needed for a particular course

multiple chapters from one book are needed for a particular course

an out of print book is needed

Materials must be submitted with full citation information. Citations are needed in obtaining copyright permission and processing cannot begin until all information is provided.

Copyrighted material will be used in reserve without permission for one semester only (one time, spontaneous use). Permission from the copyright holder and/or payment of royalties will be required for subsequent use of material by that instructor and course.

Barry University faculty are responsible for securing copyright permission as needed.

Reserve will post copyrighted materials while waiting for permission; however, if permission is denied, the item will be removed from reserves at once.

Materials will be searchable only by instructor or course name/number. This helps ensure the main users of the material will be students enrolled in the class.

Materials will be removed from reserve at the close of the semester of use. Faculty are responsible for collecting their materials. Circulation staff will not deliver the materials.

Electronic Reserves will be removed from online access.

Barry University Library will not charge students for access to materials on reserve.

Access to materials on electronic reserve will be password protected (limited to students in the class only.)

Reserve material (print or electronic) will contain a copyright warning notice consistent with the notice described in Section 108(f)(1) of the Copyright Act.

For photocopied material: The cover or introductory page of photocopied material should be stamped with the following notice:

NOTICE:
This material may be protected by Copyright Law (Title 17 U.S. Code)

For electronic material: On an introductory screen, the Barry University Library's Electronic Reserve System should display the following notice:

Warning Concerning Copyright Restrictions

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction.

One of these specified conditions is that the photocopy or reproduction is not to be used for any purpose other than private study, scholarship, or research. If electronic transmission of reserve material is used for purposes in excess of what constitutes "fair use", that user may be liable for copyright infringement.

Barry University Library will continually monitor legal developments that may affect electronic copying and scanning of copyright-protected materials for reserve to ensure that this policy is in compliance with the spirit and the letter of the United States Copyright Law.

Interlibrary Loan Requests

The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

Barry University Library reserves the right to refuse to accept an ILL order if, in its judgment, fulfillment of the order would involve violation of copyright law.

Barry University Library will request no more than five articles from any one periodical title per year.

Copyright permission MUST be obtained after the fifth request. The Interlibrary Loan Department will obtain copyright permission.

Photocopies

The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

Barry University Library will post warnings regarding copyright law on all photocopy machines.

Individuals using the photocopy machines at Barry University Library are solely responsible for their own photocopying.

Audio Visual Materials

The Copyright Act of 1976 provides protection to "original works of authorship." Protection is extended to the holders of copyright for musical works, dramatic works, pantomimes and choreographic works, pictorial and graphic works, sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works. This protection applies equally to published and unpublished works. The holders of copyright possess the exclusive right to authorize reproduction of, distribution of copies public performance of, public display of, and preparation of derivative works based on copyrighted works. It is illegal to violate the rights of copyright holders or to direct others to do so. The penalties for violation can be severe.

As a rule, Barry University Library will not make any copies of any audiovisual material.

The library will make an audiocassette copy of a class lecture if the instructor provides written permission.

Barry University Library will make copies of a material in the collection when changing a format to reflect current technology. Only one copy will be made and the source material will be destroyed.

Electronic Databases

Electronic Databases available through Barry University Library are licensed by the University for non-commercial use by Barry University faculty, staff, and students for educational or research purposes only. The terms and conditions of Barry University agreements with the vendors and publishers of these electronic resources regulate the use of these resources. These conditions include but are not limited to restrictions on copying, republishing, altering, redistributing and reselling the information contained therein. For detailed terms and conditions governing the use of a particular electronic resource, please read the appropriate agreement governing that resource.

Policy updated April 4, 2012

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